Generally speaking, the following conditions are met, which constitutes an infringement of the prior enterprise name and name right of others: (1) The date of registration and use of the enterprise name is earlier than the date of application for registered trademark. In practice, the industrial and commercial registration information of enterprises is usually used to prove it. (2) The name of the enterprise has a certain popularity among the relevant public. In practice, publicity materials, use time, business performance and scale are usually used to prove the popularity of enterprises. (3) The registration and use of the trademark may lead to confusion among the relevant public, and may harm the interests of the holders of prior enterprise names. The so-called "confusion" means that the registration and use of a trademark will make the relevant public mistakenly think that the goods using the trademark come from the owner of the enterprise name, or have some specific connection with the owner of the enterprise name. Whether it is confused or not depends on the originality of the enterprise name and the popularity of the enterprise. The higher the originality of the enterprise name, the higher the visibility of the enterprise and the higher the possibility of confusion among the relevant public. (4) In principle, the goods using the trademark shall be the same as or similar to those provided by the enterprise name holder.
It should be noted that the "enterprise name" mentioned here specifically includes: the name of the enterprise registered in the competent industrial and commercial authorities according to law; Names of foreign enterprises used for commercial purposes in China according to law, as well as names of enterprises with certain market visibility and known to the relevant public.